Campaign Finance Legal Framework PAP Launch

8/14/2019 Campaign Finance Legal Framework PAP Launch

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Campaign Finance in thePhilippines:

Legal Framework

Perat Pulitika

Libertas


2/23

Campaign Finance Laws

The Constitution

The Omnibus Election Code [BP 881]

Republic Act No. 6646 Republic Act No. 7166

Republic Act No. 9006

Pertinent COMELEC Resolutions

Luie Tito F. Guia, Libertas 2


3/23

What does the Constitution say?

Equal Access to Opportunities for PublicService [Art. II, Sec. 26, Phil. Const.]

Accountability of Public Officers [Art. XISec. 1 Phil. Const.]

Preserving National Sovereignty andIndependence [Art. IX-C, Sec. 2(5), Phil.Const.)



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ElectionDonations or Contributions

Election Donations or CampaignContributions are those made ...for the

purpose of influencing the results of the

elections [Sec. 94 (a), OEC]

Donations for Campaigns are generally

allowed except if sourced from certainindividuals and entities.



5/23

Donation/Contribution

Donations from the following areprohibited:

Public or private financial institutions,

Public utilities and those exploiting anynatural resources of the nation;

Those who hold contracts or sub-contracts with government

Those who have been grantedfranchises, or similar privileges orconcessions by the government;



6/23

ProhibitedDonation/Contribution

Those who, within one year prior to thedate of the election, have been grantedloans in excess of P100,000 by thegovernment;

Educational institutions which havereceived grants of public fundsamounting to no less than P100,000.00;

Officials or employees in the Civil

Service, or members of the Armed Forcesof the Philippines; and

Foreigners and foreign corporations.[Sec. 95, 81, 96 OEC]



7/23

CANDIDATES cannot solicit fromthe above

NO LIMIT ON HOW MUCH APERSON OR CORPORATION CANDONATE OR CONTRIBUTE TO ACANDIDATE



8/23

Election Expenditures

payment or delivery of money oranything of value, or

a contract, promise or agreement to

make an expenditure, use of facilities personally owned by the

candidate, the money value of the useof which can be assessed based on the

rates prevailing in the area.



9/23

Expenditure Limits(per registered voter in a

constituency) Php 3.00 individual candidate

supported by political party

Php 5.00 individual candidate notsupported or nominated by politicalparty

Php 5.00 Political Parties Php 10.00 Candidates for President or

Vice President.

[Sec. 13, RA 7166]Luie Tito F. Guia, Libertas 9


10/23

Items included in computing theexpenses for determining

compliance with limits

Expenditure in cash and in kind

Use of equipments, facilities andother paraphernalia owned bycandidate, and contributor, the value

of which would be assessed by theCOMELEC.

[Section 100, 101, 102, OEC]



11/23

Items NOT included in thecomputation:

copying and classifying list ofvoters, investigating andchallenging right to vote; or

printing sample ballots. [Sec.102, OEC]

employment of counsel;



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Prohibited Expense

Vote Buying [Sec. 261[a] OEC] Donation by Candidates during campaign

period up to election day, except tithes andhabitual contributions to scholarships

Giving transportation, food or drinks orthings of value during public meeting, daybefore election, and on election the day of

the election [Sec. 89, OEC] Bribery



13/23

Soliciting Donations fromCandidates Prohibited!

For gifts, food, transportation,contribution or donation in cash or in

kind from the commencement of theelection period up to andincluding election day. [Sec. 97,

OEC] Vote Selling is also punished. [Sec.

261 (b) OEC]



14/23

Use of Public Funds/StateResources

for any election campaign PROHIBITED - 45 daysbefore up to 30 days after election

Usually committed by Incumbents

Public Money

Printing press, radio, or television station or audio-visualequipment

Equipment, vehicle, facility, apparatus, or paraphernalia



15/23

Release, Disbursement andExpenditure of Public Funds

PROHIBITED - 45 days before up to 30 days afterelection on public works, except:

Maintenance of existing and/or completed publicwork projects;

Works undertaken by contract through publicbidding held, or by negotiated contractawarded,45 days before election;

Payment for procedures done preparatory toactual construction and wages of watchmen;

Emergency Works because of public calamity.



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Also Unlawful to release public fundsfor:

Department of Social Welfare andDevelopment and the like, except

for salaries and routine expenses.Housing agencies, except salaries

and administrative expenses.

[Sec. 261 (v) OEC].



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Documentation Requirements

Candidates and Treasurers must keep full anddetailed records

Candidates and Treasurers to preserve therecords for at least three years [Sec. 106, OEC]

Written authority to incur expenses, includingcontracts, vouchers, invoices and other recordsand documents relative to said expenditures,to be kept and preserved for 3 years. [Sec. 112OEC]



18/23

Reporting Requirements

Candidates to report itemized statement ofcontributions and expenditures within 30 days afterelections [Sec 14 RA 7166]

Donors to report their donation within the sameperiod of 30 days [Secs 98, 99, OEC]

Contractors and Firms to whom electionexpenditure is incurred to submit a report of allthose who paid him within 30 days [Sec. 112 OEC]

Contracts for Advertising to be submitted to

COMELEC within five (5) days after its signing. [Sec6.3 RA 9006]



19/23

Reporting Requirements

Written acceptance of Donation to beattached to the advertising contract andshall be submitted to the COMELEC within

5 days from signing [Sec. 4.3, RA 9006] Political Parties and Candidates are

mandated to submit to the electionregistrar a statement of expenses incurred

in rallies [SECTION 88, OEC]



20/23

Enforcement

Duty of COMELEC to examine allstatements of contributions andexpenditures of candidates and politicalparties to determine compliance [Sec 110OEC]

COMELEC to Prosecute Criminal Offenses

COMELEC to Disqualify Candidates under

Section 68 of the Omnibus Election Code



21/23

State of Campaign Finance in thePhilippines

Not given enough importance, unlikevoting and counting procedures.

Rules are largely ignored

Laws are comprehensive but outdated.

Insufficient Enforcement Capability andMechanism

Official Reports Difficult to Obtain.



22/23

What Can Be Done? Sustained Advocacy for Public Awareness of

Campaign Finance Issues Effective and Vigilant Civil Society

Monitoring of Campaign Finance Practicesand Enforcement.

Media Focus on Campaign Finance Reforms

Rationalizing and updating existing campaignfinance laws like expenditure limits

Mandatory Publication of Reports

Strengthen COMELECs enforcement capability



23/23

MARAMING

SALAMAT PO!


Documents

Campaign Finance Legal Framework PAP Launch